Applicant may not withdraw the statement of use. The applicant also argues that the mark is not ornamental since it is an indicator of secondary source.
Examples of acceptable specimens that show non-ornamental use on clothing include hang tags and labels used inside a garment. With respect to clothing, consumers may recognize small designs or discrete wording as trademarks, rather than as merely ornamental features, when located, for example, on the pocket or breast area of a shirt.
The examining attorney is not persuaded. Consumers may not, however, perceive larger designs or slogans as trademarks when such matter is prominently displayed across the front of a t-shirt. Furthermore, the mark is displayed in a relatively large size on the clothing such that it dominates the overall appearance of the goods.
Lastly, the applied-for mark appears to be a slogan that is merely decorative and has little or no particular source-identifying significance. Trademark Act Sections 1, 2, and 45, 15 U. In particular, the applicant argues that the mark creates a commercial impression of a trademark and is therefore not ornamental.
While these arguments may, in fact, be true, they are not persuasive here since the applicant has merely made these assertions and has not submitted any evidence to show that the mark is anything other than an ornamental feature of the goods, as is shown in the only specimen of record.
In its response, the applicant argues that the mark is not ornamental. For an overview of all response options referenced above and instructions on how to satisfy each option online using the Trademark Electronic Application System TEAS form, please go to.
When evaluating a mark that appears to be ornamental, the size, location, dominance, and significance of the alleged mark as applied to the goods are all relevant factors in determining the commercial impression of the applied-for mark.
The applicant states that the mark was created specifically to serve as a source indicator, and also serves to identify a secondary source, and that consumers automatically associate the goods bearing the mark with the applicant. This argument is not persuasive since the applicant has failed to submit evidence showing that the mark is an indicator of secondary source.
See In re Pro-Line Corp. In appropriate circumstances, applicant may overcome this refusal by satisfying one of the following options: Finally, the applicant argues that the mark has acquired distinctiveness, but that no claim of acquired distinctiveness is necessary.Nov 19, · I do not own this video nor the lyrics:) Anyway, any p comments:D?
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Writting a research paper zone technology (fus ro do your homework) September 11, / 0 Comments / in Uncategorized / by @egeogh yummy. i just ate a sandwich and salad and now i'm writing. office action. strict deadline to respond to this letter.
to avoid abandonment of applicant’s trademark application, the uspto must receive applicant’s complete response to this letter within 6 months of the issue/mailing date below.
issue/mailing date: 2/15/ this is a final action.Download